Workplaces are full of complex relationships, dynamics, and rules. They are also governed by a complex and ever-changing patchwork of state and federal courts and federal, state, and local laws. Navruz Avloni is an experienced California employment law attorney based in San Francisco, California. Avloni Law is dedicated to helping employees fight for their rights at work in San Francisco and throughout California.
Understanding Labor and Employment Law
Labor and employment law is crucial in protecting workers. Federal and state employment laws grant all workers specific rights, and set guidelines that manage relationships between employers and employees.
In California, employee rights are protected by both federal and California state laws. Federal employment laws establish the minimum guidelines for workers’ rights, while California employment laws generally provide stronger protections. In San Francisco, workers are additionally protected by localized San Francisco labor laws and ordinances. The patchwork of federal, state, and local laws dictates the legal rights that employees have at work. As such, depending on where you live and work, the rights that you have as an employee may vary. For example, the San Francisco minimum wage as of July 1, 2024, is $18.67, while California minimum wage sits at $16.50, and the federal minimum wage at $7.25.
The Fair Employment and Housing Act (FEHA) is the primary law that protects California employees from workplace harassment, discrimination, wrongful termination, sexual harassment, and retaliation in the workplace. California wage and hour laws and misclassification laws protect employees from being exploited for their labor and seek to ensure that employees are being compensated fairly for their work.
Employment laws apply to all employees, regardless of status or citizenship, and can apply to former employees and job applicants as well.
The Role of Labor Law Attorneys
Employment attorneys are experts in these employment law issues; they help employers run their businesses, help employees understand their rights, and assist both parties to navigate through these complicated work environment issues.
Employment lawyers are an essential resource to anyone navigating a legal dispute in the workplace. Employment attorneys can also serve as an important resource before, during, and after an employment relationship to prevent conflict and promote fair and healthy jobs.
Working with a Labor Law Attorney
When dealing with an issue or dispute at work, it can be hard to know where to turn. A labor law attorney can help you assess the situation, understand your options, and make an informed decision about how to move forward.
Each employment conflict is unique, as is the process of working towards a solution. However, when you reach out to, and work with, an employment attorney, you can anticipate that the process will roughly follow the following series of steps:
- Intake: The first step will be contacting an attorney. When you reach out to a law firm for a consultation, you will most likely be scheduled to have an intake phone call appointment. This appointment may be with a legal assistant, a paralegal, or with an attorney. The aim of this call is typically to gather the basic facts and timeline of your issue, answer questions that you might have, and assess whether or not the law firm may be a good fit for you. On this initial call it is important that you are ready with your facts; be prepared to talk in detail about what has been going on and when relevant events have transpired. You may want to prepare for this call by writing out a timeline of events, or making notes of some important details to mention.
- Fact Gathering: Following the initial intake call, the attorneys may choose to take a closer look at your case before moving forward. Be prepared to have multiple follow up conversations to review your facts in detail. The lawyers will likely also request to see what documents you have, and may ask you to send them copies of relevant emails, notes, and text messages.
- Representation Agreement: After deciding which firm you would like to retain, the attorneys will send you a representation agreement for review and signature. Representation agreements will contain important information about the scope of the representation, the breakdown of fees and costs, and expectations of the agreement. Always review a representation agreement carefully before signing and make sure you understand and agree with the terms. If you have questions or concerns about a representation agreement, call your attorney to discuss before signing.
- Send an Offer to Resolve Claims Pre-Litigation: Depending on your situation, an employment attorney may suggest kicking off the negotiations by sending a letter to your employer or former employer to see whether there is interest in resolving your claims pre-litigation. Such correspondence often lays out your claims, the facts of your case, and invites the other side to engage in a conversation if they are interested in resolving your claims pre-litigation.
- Exhaust Administrative Remedies: In order to file a complaint under federal or California state law, you must first exhaust your claims by filing a charge with the appropriate government agency.
- File a Complaint: If the matter does not resolve during the pre-litigation phase, the next step would be to file a complaint in court.
- Litigation: The steps that a case may take are situational and depend on the facts and interests of the parties. Your case may resolve quickly or make take years before going to trial. At any point in a case, reach out to your legal team to get information about where your case stands, and what major next steps may be.
Benefits of Working with an Employment Law Lawyer
Employment lawyers can help you in a range of situations. If you have experienced wrongful termination, a failure to accommodate medical needs, sexual harassment, employment discrimination, are owed unpaid wages, among other unfair labor practices, an employment lawyer will be able to help you fight for justice and may help you recover monetary damages.
The amount and type of damages you can recover in a California employment case depends on the facts of the case and the harm caused. Generally, the damages revolve around the economic and non-economic impact that your employers’ actions had on you.
- Economic damages refer to the financial impacts of your employers’ actions. There are a number of different types of economic damages, and depending on the type of claim you have, a combination of these damages could be awarded to you. The most common economic damages include lost wages and employee benefits, back pay, liquidated damages, and attorney fees.
- Non-economic damages attempt to quantify the emotional toll that your employers’ actions had on you. Non-monetary damages that have no set method of calculation, but can include emotional distress damages. Evidence of emotional distress can be demonstrated through medical and therapy appointments, witness testimony, and other notable changes in daily life.
Employment disputes can be extremely complicated; working with an employment law expert is essential when negotiating a legal conflict with your employer. Navruz Avloni is an experienced California employment law attorney has a proven track record of success representing clients in San Francisco, Los Angeles and throughout California. If you have questions about your employment situation, or have been mistreated, harassed, or abused at work, please get in contact with us right away. The employment law attorneys at Avloni Law are here to help. We represent clients across California, with offices in Los Angeles, San Jose, and San Francisco.
